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Background: The Arkansas Justice Building, the home of the state supreme court, in Little Rock, Arkansas (Arkansas Judiciary). Inset: Arkansas Gov. Sarah Huckabee Sanders speaks during the Republican National Convention in July 2024 (PBS NewsHour/YouTube).
The Arkansas Supreme Court has dismissed Governor Sarah Huckabee Sanders’ appeal to postpone lower court mandates that require her to promptly set dates for special elections, ensuring citizens’ rights are upheld.
This decision marks another legal setback for Sanders, who has faced several unfavorable court rulings recently. Although the state’s highest court did not elaborate on its reasoning, the circuit judges who initially ruled underscored the importance of the “constitutional right” to representation.
Following the passing of State Senator Gary Stubblefield, who served Arkansas’ District 26, in September, Sanders proposed a special election for June 9, 2026, to fill the vacancy. However, Sixth Judicial Circuit Judge Patricia James ruled that this date was excessively delayed—exceeding the 150-day limit prescribed by state law and overlapping with the state’s 2026 fiscal session, which spans April to May.
“If the special election were held on June 9, 2026, the residents of Senate District 26 would be without a senator during the entire 2026 Fiscal Session of the General Assembly,” Judge James stated in her order on October 22. “Such a delay would unconstitutionally disadvantage the citizens of Senate District 26.”
Judge James cautioned that allowing Sanders to proceed as she wished would have “far-reaching ramifications.” She elaborated, “Permitting the Governor to deny duly elected representation to the citizens of Arkansas would lead to significant consequences, depriving any Arkansas citizen of adequate representation, which this court cannot condone.”
In a similar case, fellow Sixth Judicial Circuit Judge Shawn Johnson found that a special election held on June 9, 2026, was too late to replace state Rep. Carlton Wing, who resigned in September to become the CEO of Arkansas PBS, the Arkansas Advocate reported. House District 70’s special election must be moved to March 3, 2026, the judge ordered, dismissing arguments from Sanders that she had complete discretion over choosing special election dates.
Sanders and her administration made similar arguments in the state Senate District 26 case, and while James said she “agrees that the Governor has the sole ability to set dates for a special election, that authority is not absolute.”
The state supreme court ultimately rejected a motion from state Attorney General Tim Griffin’s office to consolidate the two cases and denied a stay.
Law&Crime reached out to the governor’s office for comment on the Arkansas Supreme Court’s ruling. A spokesperson for Griffin told the Arkansas Advocate that they were “disappointed by the rulings and will continue to vigorously defend the Governor and Secretary of State.”
James handed Sanders a separate defeat in recent days. The Pulaski County judge maintained that the governor’s attempt to transfer control over the Arkansas prison system from the state Board of Corrections to herself was “unconstitutional.” Following the ruling, a spokesman for Sanders declared that they would appeal that decision to the Arkansas Supreme Court, too.